Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-01-23
CULBERSON'S PLEA.
His speech on Bill of Interest to Hiany
Texans.


do1ed property acts. Mr.. Culoerson has
been unremitting in his efforts to secure
the passage of this measure, ia which
many residents OF Texas are interested
The terms of the bill are as follows;
Be it enacted, etc., that the rigot of sc.
ton In the court Of claims under the pro.
visions of the captured and abandoned
property acts be, and the same hereby is,
revived and extended for one year from
and after the passage of this act, includ-
ing all cases OF seizure under said acts,
or under color thereof, either before or
after June 80, 1865, without regard to any
statute of limitations; and all claims for
such property not fled in SAID court
within that period shall be forever barred /;
provided, however, that where any oflsuch
claims have been filed before the secre-
tary Of the treasury, and proof
taken in relation thereto, under the
provisions of the fifth section of the act
of MAY IS, 1872, the proof so taken,
whether upon the part OF the government
or the claimant, where 1t is made to ap-
pear by affidavit that the witnesses are
dead Or cannot be found, shall be used in
evidence in the said court of claims as
though taken in pursuance of the rules of
said court; and the secretary of the
treasury, uDon the call of said court, On
the motion Of either party, shall transmit
said proofs and ali the papers in the case
to the said court of claims: and all iudg-
ments rendered in favor of the claimants
shall be paid out of the captured and
abandoned property fund, as provided by
section 1868 OF the Revised Statutes.
Sec >. That in the trial of causes be-
fore the court OF claims no person shall
be excluded as witness because he is @
party to or interested in the same; and
any claimant or party in interest in any
suit may be examined as witness on
the part of the government, and when re-
fuslng so to testify, or wilIfully testifying
falsely, shall not be entitled to relief; and
the testimony of such witness may be
used by either party.
Sec. 3. That if it shall appear to the
court, in any case, that testimony has
been duly taken by either party prior to
the passage of this act, or that testimony
taken in any other case under the rules of
the court is pertinent to the issues in
volved, the same, so far as relevant, may
be used in other cases pending in said
court.
Mr.. Culberson said: Mr.. Speaker, this
is very important bill, and | ask the at
tention of the house for few moments
only, until l can explain its provisions
and the reasons for its introduction. My
statement must necessarily be brief and
hurried, as the committee desire to dis
pose Of as much business as possible in
the remainder Of the time allotted to it.
Under the captured and abandoned
property acts passed in 1868 and 1864
there was property seized sufficient to
make the proceeds amount to something
over S3l 100000. 1t will be remembered
that under the act of 1868 and the
act of 1864 the treasury agents of
the government Cf the United
States were authorized to seize
in the il surrectionary districts
all property designated as aban-
doned. Under these two sets
of 1868 and 1864, the latter being mere
supplement- of the other, 4 large amount
of property was seiZsd from the time OF
the passage CT the act of 1863 until Au-
gust, 1866. The act of 1868 provided
that any person whose property had been
seized and sold and the proceeds placed
in the treasury might bring his suit in the
court of claims and recover the proceeds
of the sale of the property, provided the
suit should be brought within two years
after the close Of the war.
Suits were instituted in the court of
claims under that provision of the statute
and over Sl2,O00,0OO were paid out in
Judgments of tie court of claims. Ga
special acts Of relief S290,000 were paid
out. Paid o. judgments against treasury
agents, 100000 and over. Paid on iudg-
ments under the act of March, 1863, 49,
500. Paid by the secretary of the treas
uTy under act of May, 1872, $685. 600,
Discussed for expenses under the joint
resolution, $4,000. Other amounts were
paid out, leaving in the treasury of the
United States SlO,5l2, 0O0.96.
1t will be observed-and l want to
make my statement as brief as possible
that the war of the rebellion closed on
the 20th day Of August, 1866; for ali Judi
clsl purposes it was so declared by the
supreme court in the case of Cline |
against the United States, Is Wallace |
on the 10th day of August,
1868, the statute OF limitation |
lad made bar. In 1872 congress |
AIRY of the treasury to take proofs in IA
IOr of any claimant who might make APP
DliGation for any part IF the money. I'm
Ter that resolution, however, no claim
vas to be entertained after five months
rom the passage of that act. Under
hat act he secretary Of the treasury paid
,ut Sl95, 900, leaving ten million and odd
loilars in the treasury. That amount T
till remains in the treasury. x
Congress is in the habit every session.
# ssing private bills allowing personsa
o bring suits in the court OF claims and
,rove their title to this p Operty. ibis
Ill under consideration provides gen.
raj remedy. 1t allows every person who
las or claims any interest in this fund TO
institute his suit in the court of claims
within one year after its passage, and if
lie can make his claim to
my part of property good, then
lie is entitled to receive such
proceeds of the property as may be
Juud IL the treasury. Ii there sre no
in the treasury to the credit OF
he property then, as matter OF course,
le is not to be paid. The claimant must
lot only prove that mis- property was
eizsd ana sold by the officers or agents
# the government but must also prove '
What amount OF the proceeds OF the sale I
vas paid into the treasury. 1t is not the
bject Of the bill 10 make the government t
for any more money than it
eceiVed.
The reason why this money remains in t
reasury | now propose to state. The l
CT of 1863 provided that the claimants, in /
EDITION TO ownership and deposit of the t
honey should prove loyalty; failing in '
lat, the court Of claims could not enter q
lGgment in thei: favor for any part of S
lis money. As & matter OF course, the t
ulk of the property now in the treasury G
the credit of this fund belongs to per- b